{"id":"consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012","name":"CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012","slug":"consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174539,"registerId":"nt-consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE OFFENCES) REGULATIONS 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nCONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE\nOFFENCES) REGULATIONS 2012\nAs in force at 1 February 2023\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Infringement notice offence and prescribed amount payable .......... 1\n4 When infringement notice may be given .......................................... 1\n5 Contents of infringement notice ....................................................... 2\n6 Electronic payment and payment by cheque ................................... 3\n7 Withdrawal of infringement notice.................................................... 3\n8 Application of Regulations ............................................................... 3\n9 Repeal ............................................................................................. 3\n10 Transitional matter for Justice and Licensing Legislation\nFurther Amendment Act 2022.......................................................... 4\nSchedule Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 February 2023\n____________________\nCONSUMER AFFAIRS AND FAIR TRADING (INFRINGEMENT NOTICE\nOFFENCES) REGULATIONS 2012\nRegulations under the Consumer Affairs and Fair Trading Act 1990\n1 Citation\nThese Regulations may be cited as the Consumer Affairs and Fair\nTrading (Infringement Notice Offences) Regulations 2012.\n2 Definitions\nIn these Regulations:\ninfringement notice means a notice given under regulation 4(1)\nor (2).\ninfringement notice offence, see regulation 3(1).\nprescribed amount, see regulation 3(2).\n3 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in the Schedule.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in the Schedule.\n4 When infringement notice may be given\n(1) If the Commissioner believes on reasonable grounds that a person\nhas committed an offence against a provision of the Act, other than\nPart 10 or 14 of the Act, that is specified in the Schedule, the\nCommissioner may give an infringement notice to the person.\n(2) If the Director believes on reasonable grounds that a person has\ncommitted an offence against a provision of Part 10 or 14 of the Act\nthat is specified in the Schedule, the Director may give an\ninfringement notice to the person.\n\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 2\n5 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 3\n6 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the\nenforcement agency's bank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n7 Withdrawal of infringement notice\n(1) The Commissioner or the Director, as appropriate, may withdraw\nthe infringement notice by written notice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n8 Application of Regulations\n(1) These Regulations do not prejudice or affect the start or\ncontinuation of proceedings for an infringement notice offence for\nwhich an infringement notice has been given unless the offence is\nexpiated.\n(2) Also, these Regulations do not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n9 Repeal\nThe Consumer Affairs and Fair Trading (Infringement Notices)\nRegulations (Subordinate Legislation No. 40 of 2002) are repealed.\n\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 4\n10 Transitional matter for Justice and Licensing Legislation\nFurther Amendment Act 2022\n(1) An infringement notice issued by the Commissioner in relation to an\noffence, other than an offence against a provision of Part 10 or 14\nof the Act, that is in force immediately before the commencement is\ntaken to have been issued under regulation 4(1) as in force after\nthe commencement.\n(2) An infringement notice issued by the Commissioner in relation to an\noffence against a provision of Part 10 or 14 of the Act that is in\nforce immediately before the commencement is taken to be a notice\nissued by the Director under regulation 4(2) as in force after the\ncommencement.\n(3) In this regulation:\ncommencement means the commencement of Part 3, Division 6 of\nthe Justice and Licensing Legislation Further Amendment Act 2022.\n\nSchedule Infringement notice offences and prescribed amounts\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 5\nSchedule Infringement notice offences and prescribed\namounts\nregulation 3\nProvision Prescribed amount in\npenalty units\nConsumer Affairs and Fair Trading Act 1990\nsections 116(3), 117, 118(1), (3) and (4), 119(3),\n(4) and (7), 129(1), 130, 150(3), 157(1), 158(1),\n160(1), 161(1) to (3), 163(1), 164, 166(1), 167,\n172(1) and (3), 176(1), 178, 188(1), (2) and (3),\n194(2), 195(6), 201, 205(3), 212(1), 213, 276,\n277(1), 279, 281(1), 283(1) to (6), 284, 289, 290,\n292, 293(1) and (2), 294(1) and (2), 299, 302,\n311(4), 316, 317(4) and 318(2)\n5\nsections 144(4), 153(1), 174(1), 175, 189(2),\n203(4), 209, 210, 211, 267(4), 274, 275(3),\n280(3), 282(2), 285(1) and (2), 291(2), 296(1)\nand (2), 297(1), 300, 301(1), 315 and 326(2)\nand (3)\n2\nAustralian Consumer Law (NT)\na provision of Part 2–2, a provision of Part 3–1\n(other than sections 32(1), 35(1), 36(1) to (3), 40,\n43 and 47(1)), a provision of Part 3–2, Division 2\n(other than section 85) and sections 102(2),\n103(2), 106(1) to (3) and (5), 107(1) and (2),\n118(1) to (3) and (5), 119(1) and (2), 127(1)\nand (2), 136(1) to (3) and 137(1) and (2)\n12\nsection 66(2), a provision of Part 3–2, Division 3\n(other than section 96(2)) and sections 99B(1),\n99C, 99D(1), 99E and 99F(2)\n11\nsection 222(1) 10\nsections 125(4), 128(2) and (6), 131(1), 132(1)\nand 221(1)\n6\nsections 100(1) and (3) and 101(3) and (4) 4\nsection 47(1) 2\n\nENDNOTES\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 6\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations (SL\nNo. 18, 2012)\nNotified 30 May 2012\nCommenced 30 May 2012\nConsumer Affairs and Fair Trading Legislation Amendment Act 2017 (Act No. 11, 2017)\nAssent date 31 May 2017\nCommenced 26 July 2017 (Gaz G30, 26 July 2017, p 3)\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Amendment\nRegulations 2020 (SL No. 13, 2020)\nNotified 17 June 2020\nCommenced 17 June 2020\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 5 and sch.\n4 LIST OF AMENDMENTS\nr 2 amd Act No. 21, 2022, s 46\nr 3 amd Act No. 11, 2017, s 7\nr 4 amd Act No. 11, 2017, s 8\nsub Act No. 21, 2022, s 47\n\nENDNOTES\nConsumer Affairs and Fair Trading (Infringement Notice Offences) Regulations 2012 7\nr 5 amd Act No. 11, 2017, s 9\nr 6 sub Act No. 11, 2017, s 10\nr 7 amd Act No. 21, 2022, s 48\nr 10 ins Act No. 21, 2022, s 49\nsch 1 sub Act No. 11, 2017, s 11\namd No. 13, 2020, r 4\nsch 2 rep Act No. 11, 2017, s 11","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear consistent with their stated purpose of listing infringement notice offences under consumer affairs and fair trading law. The split agency responsibility (noted in Remarks) was an administrative arrangement rather than a substantive change in scope. No evidence of scope creep from original intent is apparent from the metadata provided."},"complexity_factors":["Split administrative responsibility between two government agencies for different parts of the regulations","Significant gap between the date of making (June 2020) and commencement date (February 2023), which may create confusion about applicable law during that period","The document provided contains minimal substantive content, making full analysis of the listed offences and penalty amounts impossible — the actual complexity of the full instrument may be higher","Regulations reference a parent Act (Consumer Affairs and Fair Trading Act) which itself adds a layer of cross-referencing"],"plain_english_summary":"This regulation lists the consumer affairs and fair trading offences in the Northern Territory that can be dealt with by infringement notices (on‑the‑spot fines) instead of court proceedings. It directly affects businesses and traders, indirectly affects consumers, and guides enforcement by government agencies.\n\nOn‑the‑spot fines speed and simplify enforcement; recipients can pay the fine or contest it in court. The Attorney‑General’s Department administers most provisions, with Parts 10 and 14 handled by the Department of Trade, Business and Asian Relations. Made in 2020, it commenced 1 February 2023."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulations have been amended since enactment to reallocate issuing authority for certain offences and to update the list and penalty‑unit values for prescribed offences. In particular, amendments (notably the Justice and Licensing Legislation Further Amendment Act 2022) move issuance of notices for Part 10 and 14 offences from the Commissioner to the Director and treat pre‑existing notices as if issued under the new arrangement (reg 4(1)–(2); reg 10(1)–(2); Endnotes showing amending Acts). Repeal of the earlier subordinate instrument (r 9) and schedule amendments also changed the operational scope of which offences attract infringement notices."},"complexity_factors":["Cross‑references to many provisions of the Consumer Affairs and Fair Trading Act and the Australian Consumer Law (Schedule) introduce mapping complexity (Schedule).","Prescribed amounts are set by specifying penalty units rather than fixed dollar sums, requiring conversion to monetary value (reg 3(2) and Schedule).","Discretion to issue notices is divided between the Commissioner and the Director depending on the Part of the Act alleged to be breached (reg 4(1)–(2); reg 10 transitional change).","Notice content and procedural requirements are detailed and reference external enforcement law (reg 5; references to the Fines and Penalties (Recovery) Act in reg 5(2)).","Payment timing technicalities affect whether payment is effective (electronic crediting and cheque clearance rules in reg 6).","Withdrawal is time‑limited and contingent on payment status (reg 7(1)–(2)).","Transitional and repeal clauses alter prior instruments and re‑characterise existing notices after amendment (regs 9–10; Endnotes listing amending Acts)."],"plain_english_summary":"These Regulations create a process under the Consumer Affairs and Fair Trading Act for issuing infringement notices for specified breaches, set the payable amount (expressed in penalty units), and prescribe what a notice must contain, how and when payment takes effect, and how a notice can be withdrawn. They affect people and businesses accused of those listed breaches: the Commissioner or Director may issue notices, recipients can pay the prescribed amount within 28 days or elect court, and non-payment can trigger enforcement under the Fines and Penalties (Recovery) Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing an infringement notice scheme for consumer protection offences. The 2022 amendments merely transferred responsibility for certain offences from the Commissioner to the Director without expanding the substantive scope."},"complexity_factors":["Short length (10 regulations plus Schedule)","Minimal defined terms (only 3 definitions in regulation 2)","Straightforward conditional logic (if/then structures in regulations 4-7)","Single cross-reference to the Fines and Penalties (Recovery) Act 2001","Schedule contains extensive lists of statutory provisions but operates on simple lookup basis","No nested exceptions or complex temporal provisions beyond basic 28-day timeframe","Transitional provision (regulation 10) is mechanical and limited in scope"],"plain_english_summary":"**What this legislation does:**\n\nThese Northern Territory regulations create a system for dealing with certain consumer protection offences through **infringement notices** (on-the-spot fines) rather than taking everyone to court. Think of it like a speeding ticket, but for breaches of consumer law.\n\n**Who it affects:**\n\n- **Businesses and individuals** who breach the *Consumer Affairs and Fair Trading Act 1990* (NT) or the *Australian Consumer Law* (as it applies in the NT)\n- **The Commissioner for Consumer Affairs** and the **Director** (who issue the notices)\n- **Enforcement agencies** that collect the fines\n\n**How it works:**\n\n- Instead of immediately prosecuting someone in court for minor consumer offences, authorised officers can issue an infringement notice requiring payment of a set fine (the \"prescribed amount\")\n- The fine is calculated in **penalty units** (a standard way of setting fines in Australian law—dollar values change, but penalty unit values stay constant)\n- The person receiving the notice has **28 days** to either:\n  - **Pay the fine** and avoid court (this is called \"expiating\" the offence)\n  - **Elect to go to court** to contest the matter\n  - **Do nothing**—which triggers enforcement action (wage deductions, property seizure, licence suspension, or even imprisonment for breaching community work orders)\n\n**Key features:**\n\n- **Two-tier issuing system:** The Commissioner handles most offences, but the Director specifically handles offences under Parts 10 and 14 of the Act (which relate to licensing and dangerous goods)\n- **Payment rules:** Electronic payments only count when cleared to the agency's account; cheques must clear on first presentation\n- **Withdrawal:** Notices can be withdrawn within 28 days and before payment\n- **No double jeopardy protection:** Multiple notices can be issued for the same offence, but paying one clears the matter\n\n**Why it matters:**\n\nThis provides a **fast, low-cost enforcement mechanism** for consumer protection breaches. Rather than clogging courts with minor offences (like misleading advertising or failing to provide proper receipts), regulators can issue fines immediately. However, recipients retain the right to have their day in court if they dispute the allegation.\n\nThe Schedule lists specific offences and their penalty unit values—ranging from 2 penalty units (minor paperwork breaches) up to 12 penalty units (serious breaches of consumer guarantees and unfair contract terms)."}},"importantCases":[],"_links":{"self":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012","history":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012/history","analysis":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012/analysis","conflicts":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012/conflicts","importantCases":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012/important-cases","documents":"/api/acts/consumer-affairs-and-fair-trading-infringement-notice-offences-regulations-2012/documents"}}